<<Disclaimer: Verify this information before applying it to your situation.>>

thanks so much for the replies.  below are sumarized and abbreviated replies i recieved.  

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2 ppl suggested i call my County Extention Office
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another suggested looking into a different ground cover  
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several ppl believe that if it goes to seed before i turn it into the soil then my garden would be contaminated, but if i make sure to keep it mowed and turn it before it seeds its fine.
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a few more specific emails, shortened but with relevant info retained:

"I overseed my lawn each fall with rye, & so far have had no ill effects.  I'm not ultra-sensitive though, so if you are you might want to have someone else do the actual planting. ... from my understanding, the gluten is in the seed itself, not the chaff-- that does fly around a bit when planting on a windy day.  A dust mask would add an insurance factor.  
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"...We also plant rye grass here in our lawn.  We have a winter garden so don't put the rye grass there.  I researched it some when this subject first came up for me, and was told that the grass is not a problem. .  
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"The rye grass planted in lawns is not the same as Winter rye planted for winter fallow in fields or gardens for "green manure", which means to 
provide cover and organic matter for the soil.  The winter rye is very fast growing and then is plowed or dug back into the soil. Winter rye is the grain with gluten 
and handling the seed would be a concern.  However you work it back into the soil before it has created the mature grain."
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The cereal grain (with gluten) is related to wheat and barley.  It is "secale cereale."
Ryegrass used for lawns (lolium) is related to fescue, and so would not contain gluten (at least the gluten that gives us trouble, just as corn gluten and rice gluten do not cause a celiac reaction).
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wikipedia states:  Rye is a cereal and should not be confused with ryegrass which is used for lawns, pasture, and hay for livestock.
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No, it's not {the same}. .. grew this stuff for... lawn and pasture seed as well as for ground cover on freeway medians.
The 'grass' you'll get from the rye will be continually grown, watered and mowed (or eaten by stock).  Unless you let it go to seed ( a long process
that requires lots of care and sometimes a special field), you're not even going to get any seeds. 

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